Evidence – Wiretap

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Where a defendant employer has requested a ruling on the admissibility of a recording of a workplace argument between the plaintiff and a subordinate, the recording is admissible despite the plaintiff’s allegation that the recording was made without her consent in violation of the Massachusetts wiretap statute.

“After careful consideration of the parties’ arguments, the Court concludes that the Wiretap Statute does not bar the use in evidence of the recording at issue in this case, or transcripts of that recording. Nothing in the Wiretap Statute bars the use of an allegedly illegally obtained communication in a civil proceeding. … The only remedies provided in the Wiretap Statute are criminal and civil penalties, not exclusion of evidence in a civil proceeding. … Indeed, the Wiretap Statute contains explicit provisions about the use of illegally obtained communications in evidence, but those provisions are limited to criminal trials; there are no provisions limiting the use of such communications in civil trials.”

Simpson v. Boston Public Health Commission (Lawyers Weekly No. 12-049-24) (2 pages) (Green, J.) (Suffolk Superior Court) (Civil Action No. 2084CV02869) (Dec. 30, 2024).

Click here to read the full text of the opinion.